LA Unauthorised Viewings, bit of a rant, advice please! (long)

mmmmchocolate

We've given notice on our rented property (Periodic AST in England). Because of the whole rental period issue, we've actually had to give 6 weeks notice to finish on 1st December.

In the hopes that the LA would be able to find new tennants wanting to move in mid November (and so save a couple of weeks rent) we've been as accomodating as we feel comfortable with in regards to viewings - we don't want viewings to be done when we're not home, so have told them Wednesdays and Fridays only (when my partner works from home).

Until yesterday, this was working fine - they've called, we've agreed a time, and the viewing has happened. Yesterday lunchtime, despite them knowing my partner would be in, the LA let themselves and some prospective tennants into the property with no warning (no knock), and proceeded to carry out a viewing!

When I phoned to complain about this, the guy I spoke to apologised without sounding at all apologietic. When I said we would not be allowing any further viewings during our tennancy, he referred me to the contract which apparently allows them access to the property to carry out viewings. I checked the text of this clause later on:

Permit the Landlord or the Landlord's agent at reasonable hours in the daytime (by prior agreement if possible) within the last thirty days of the tennancy to enter and view the property with prospects.

So, my questions....

1. Is this clause actually legal? I was under the impression that any clause of this nature is overriden by our right to quiet enjoyment, and they could only enter with 24 hours written notice and our permission. (yes, we should have considered this when we signed in the first place, but when you're on the verge of being homeless, this sort of thing really doesn't seem important)

2. Are we actually entitled to refuse all viewings? Alternatively, can we ask them to get prospective tennants to call us to arrange viewings without the LA present?

3. While we're home, we will be bolting the door so they can't walk in on us unnanounced again - but if they do an unauthorised viewing when we're not in, do we have any comeback?

Thanks for reading this far - I'd appreciate any advice or answers anyone can offer.

theartfullodger

You can refuse all viewings: And inspections: and surveys: any anything else you like... Landlord can enforce viewing by court order but won't get one before Dec 1st.. The clause referred to is "legal" but (largely) unenforceable.. (Bit like a clause agreeing to mow grass only north<=>south stripes...)

You can change the locks (keep old ones, put back when you leave..)

Write (yes, WRITE..) - email also if possible stating on what terms you agree, if any, to viewings (eg only Sundays 10-10:30 with a man\ger from agency in attendance..,,.

Cheers!

Artful (Accredited, registered Landlord, Landlord since 2000)

PS If you want to play hard you could demand monies for viewings: Remember, in all this, do you need a reference from these guys??

kk20

Sham tenancy agreement. Statute overrides written or oral contract - you have the right to peaceful existence. The LL needs to give you reasonable notice (not as they think "reasonable if possible"). On the otherhand it isnt reasonable of you to refuse ALL viewings (prior arranged viewings), the LL has the right to give you reasonable notice.

You could always advise the LL that you will be changing the locks (and returning the locks to the original state when leaving).

jjlandlord

kk20 wrote: »

Sham tenancy agreement. Statute overrides written or oral contract - you have the right to peaceful existence.

What statute are you thinking of?

The clause OP mentions is perfectly valid.
That said, if the tenant formally refuses that the LL or agent enter, it may be unwise for them to disregard this refusal.

One thing to keep in mind is that if tenant does not honour that clause he's breaching the agreement and the LL might decide to take action to recover any loss caused by that breach.

kk20

You cannot say "reasonable if possible", reasonable is reasonable. The LL must still give (at least 24 hours?) notice. Notice needs to be given i.e. you cannot simply walk into the property which is the statute broken. Since a statute is overwritten by an oral or written agreement then the agreement is sham.

The OP gave a specific time "window" to the LL (this was accepted by the LL) the LL then chose to ignore it, technically the LL breached the contract. I got my info from http://www.communities.gov.uk/documents/housing/pdf/138289.pdf, http://www.adviceguide.org.uk/index/your_family/home_and_neighbourhood_index_ew/renting_a_home_index_ew/tenancy_agreements.htm

"An agreement which suggests that you or your landlord have less rights than those given by common law or statute is a sham tenancy agreement."

The LL would not have a leg to stand on if they tried to enforce that through the courts.

edit for statute: s11(6) Landlord and Tenant Act 1985

Thrugelmir

mmmmchocolate wrote: »

Thanks for reading this far - I'd appreciate any advice or answers anyone can offer.

If you wish to save a couple of weeks rent. Then you may need to be flexible to achieve the outcome.

jjlandlord

kk20 wrote: »

"An agreement which suggests that you or your landlord have less rights than those given by common law or statute is a sham tenancy agreement."

The LL would not have a leg to stand on if they tried to enforce that through the courts.

I don't see how the clause OP mentions fits that description.

kk20 wrote: »

edit for statute: s11(6) Landlord and Tenant Act 1985

Same as above: How does that go against the clause in OP's contract?

There are 2 things here:
1. Should the LL/agent give notice first before entering? Yes.
2. Is the tenant entitled to refuse all viewings? No. (Unless in response to unreasonable behaviour by LL/aganet).

kk20

Ive highlighted the bit

Permit the Landlord or the Landlord's agent at reasonable hours in the daytime (by prior agreement if possible) within the last thirty days of the tennancy to enter and view the property with prospects.

There is no "if possible". http://www.legislation.gov.uk/ukpga/1985/70 (good to see they dont have a spellchecker...)
8(2)
"The landlord, or a person authorised by him in writing, may at reasonable tinmes of the day, on giving 24 hours’ notice in writing to the tenant or occupier, enter premises to which this section applies for the purpose of viewing their state and condition"
reaffirmed in 11(6)
"In a lease in which the lessor’s repairing covenant is implied there is also implied a covenant by the lessee that the lessor, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours’ notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair."

Either of which can be used to block excuses. You cannot overwrite this statute by contract be it oral or written. To do so in a contract makes it a sham tenancy agreement as it unfairly balances the contract in the favour of the LL by reducing an in place statute.

edit: I had already agreed with you ref your second point - if the LL does give reasonable notice (and I believe this had been agreed on certain days and times) then the OP cannot reasonably refuse entry.

Cat2011

The sooner the landlord finds new tenants, the more you can save. You're just shooting yourself in the foot. When I last moved out of rented we were all happy for the agency to come round during the day whilst we were at work to conduct viewings. Why don't you want them there? By refusing all viewings you're just going to !!!! the landlord off, so he'll more than likely be less than lenient when it comes to returning your deposit.

mmmmchocolate

jjlandlord wrote: »

I don't see how the clause OP mentions fits that description.



Same as above: How does that go against the clause in OP's contract?

There are 2 things here:
1. Should the LL/agent give notice first before entering? Yes.
2. Is the tenant entitled to refuse all viewings? No. (Unless in response to unreasonable behaviour by LL/aganet).

Isn't entering my property without authorisation, invitation or announcement unreasonable behaviour?

jjlandlord

kk20 wrote: »

There is no "if possible". The statute says notice must be given. Not "if possible".

I don't think that the wording can be interpreted as meaning that LL/agent may not need to give notice.
In any case, since statute says notice must be given then that what must be done. But that does not mean that tenant is entitled to refuse all visits as the clause says he agreed to allow them.

mmmmchocolate wrote: »

Isn't entering my property without authorisation, invitation or announcement unreasonable behaviour?

Yes, but I understand that it happened only once and that you complained about it.

Tell them (in writing) that you won't allow any visit unless they give you proper notice. This way you're reasonable, you comply with your agreement, and you protect yourself if later you do refuse all visits in case they still do not give notice following this letter.